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HomeMy WebLinkAbout1979-01-16; City Council; 5534-1; Island annexation.- CITY OF CARLSBAD InitiaAd, p Jd AGENDA BILL NO: 5534 Supplement No. / Dept. Cty. Atty Cty. Mgr. '3 DATE : January 16, 1979 DEPARTMENT: Planning SUBJECT : ISLAND ANNEXATION , Statement of the Matter On August 16, 1978, the City Council asked staff to initiate actions to annex property that, for the most part, was surrounded by City boundaries (County Island). This annexation would be processed by the recently adopted annexation act (MORGA). Staff reviewed this process with LAFCO's staff. A summary of the processing is attached in the memo from James Hagaman, dated December 26, 1978. Our findings indicated that processing of MORGA annexations entails a great deal of staff effort in preparing the necessary informa- tion to meet the requirements for annexation application as required by LAFCO . In addition, there are other problems with City initiated annexations at this time. LAFCO's recently adopted agricultural policy could delay the annexation of properties meeting their definition for prime agricul- tural, until the City completes the agricultural element as indicated in LAFCO's agricultural policy. Another problem is that the City has a planning moratorium in effect due to lack of sewer capacity. This means that to annex property the City would have to determine that sewer service was available. This would be done either by prezoning properties . to agriculture or doing extensive percolation testing. Additionally, it now appears that the tax benefit from annexing property may have been deleted by the method presently used to disperse tax funds per Proposition , 13; this could change with legislation in the future, EXHIBITS Memo from James Hagaman dated December 26, 1978. Agenda Bill No. 5534 RECOMMENDATION It is recommended that the City not initiate annexation at this time, but reconsider this matter if there is a financial incentive per the dispersal methods of property taxes. (See Page 2 for Council action) Agenda Bill No. 5534 - Supplement #1 Page 2 Council Action: 1-16-79 Council directed staff to proceed, at their convenience, but prior to the expiration of the law, with the processing of annexing that area between Vista and Carlsbad labeled Number 1 on the first map exhibit to the agenda bill, and to discontinue processing the other areas. MEMORANDUM DATE : December 26, 1978 TO : Paul Bussey, City Manager FROM: James Hagaman, Planning Director SUBJECT: PROCEDURES TO COMPLETE ISLAND ANNEXATION AS PER CITY COUNCIL DIRECTION, DATED 8/16/78. On August 16, 1978, the City Council asked staff to initiate action to annex some county island areas. Staff had indicated that there were several properties of less than 100 acres that could be annexed per MORGA, with what we understood at that time, a minimum of staff effort. However, upon further analysis of the processing requirements of the San Diego LAFCO, it now appears to us that a great deal of staff effort is involved in preparing applications for annexation. Also our recent involvement with the Tootsie Kay annexation alerted the City that LAFCO is very concerned with what they consider premature annexation. LAFCO requires that application for MORGA annexation needs to address all points of the act. Many of these requirements are of no difficulty for the City to accomplish. Other requirements will require substantial field work and other detailed staff analysis and investigation, i.e., determination of agricultural land, enumeration and description of services to be extended, description of boundary of property, etc. For your information the following is an outline of what is required in an application for annexation per MORGA. Section 35013 gives the authority to the City, known as "Conducting Authority", to order annexation pursuant to Section 35150-F provided that: A. The site is 100 acres or less, and is an island area within the City. B. Substantially surrounded by the City. C. Substantially developing. D. Not prime agricultural land as defined by Section 35046: "35046. 'Phime aghicuLtunaL Land' meanh an anea 04 Land, whethen a aingRe panceL on contiguaua panceh, which: (i) hah not been developed doh a uae othen than an agnicuLRunaL uae and (ii) meeta any 06 the 6oLLawing quaLidicationn : (a) Land which quaLibieb 6on nating a6 cLahb 1 on cLaha 11 in the SOL& ConhehvaLLon Senvice Land Uhe capability claaaiaication; (b) land which qualidiea doh hating 80 thhough LOO Stohie Index Rating; (c) Land which AUppOhth Rivestock uaed doh the pnoduckion 06 hood and dibeh and which ha6 an annual cahhying capacity equivalent to at leaat one animal uniX peh ache ah dedined by the United Stattea vepah$men,t 06 Aghicultuhe in the National Handbook on Range and Related Ghazing Landa, July, 1967, deveRoped puhauant to Public law 46, Vecembeh 1935; (d) Land planted with 6hUit Oh nut-beaxing theeh, vinea, buahea Oh chOpa which have a nonbeahing pehiod 06 &ea6 than dive yeaha and which will MOhmally hetUhR duhing the c0mmehcia.t beaning pehiod on an annual baaia dhom the paoduction 06 unphocenned aghicuktuhal plant phoduction not leaa than two hundhed dollaha ($200) pen ache; (e) Land which hub hetuhned dhom the phoduction 06 un- pttoceba ed aghicultuhal plant phoducta in annual ghoan value 06 not Reah than two hundned dollaha ($200) peh ache doh khhee 06 the phevioua hive yeaha. (6) Land which ib uaed to maintain liventoch doh cammetrcial puhpoa ea. E. Area will be, or is receiving benefits from the City. Section 35150-F provides the means for annexation without election. This section establishes necessary findings the Commission must make for such annexations. These findings are basically the same findings listed in Section 35013 above. They are as follows: A. Property is less than 100 acres. B. It is an island area. C. Substantially surrounded by the City. D. Substantially developed or developing. E. Not prime agricultural as per Section 35046. F. Will benefit or is receiving benefits from the City. Finding for "C" above must be made on factors including, but not limited to: A. The availability of public utility services. B. The presence of public improvements. C. Appropriate zoning to authorize improvements. D. Physical improvements on property. -2- Section 35100, general provisions, states that the City shall submit a resolution of application for such island annexation. Section 35140, content of resolution of application, refers to Section 35110 and 35102 as the contents of the application except that signatures are not needed as indicated in 35110. Section 35102 explains the plan to provide services which is to include: A. Enumeration and description of the services to be extended. B. Level and range of such services. C. When services can be extended. D. Improvement of structures, roads, sewers, water or other conditions City would impose if annexed. E. How services would be financed. Section 35110, form for filing petition, is part of the City's Resolution of Application and needs to contain the following: A. A statement that the proposal was made pursuant to this part. B. State the nature of the proposed organization. C. Description of the boundaries of the property and an attached map. D. State reasons for the change of organization. E & F. Requirements for signatures which are not necessary in City's application. G. Request that proceedings be taken for change of organiza- tion pursuant to this part. I believe that one of the reasons the City Council wished to annex these areas is to gain property tax to pay for services the pro- perties are already receiving from Carlsbad. Unfortunately, it's my understanding that under the present method of dispersing tax revenue (as per Proposition 13) the City would not receive taxes. The City would only receive taxes on increases in value, which, for the most part, would occur by improving the land. Most development would require sewer, which can't presently be provided. Therefore, it appears there is little economic reason for initiating annexations at this time. RECOMMEND AT I ON I recommend that the City Council review their previous directions and consider not initiating annexation until there is a financial incentive per the dispersal methods of property taxes. JCH : BP : ms I City Atty '3 F.- e. . DATE: AUGUST 15, 1978 i City Mgr, A/. . I .. DEPARTMENT: ' PLANNING -. STATENENT OF THE MATTER . ' On May 16, 1978, the City Council reviewed a memorandum from the City Attorney OIL the subject matter and instructed staff to investigate and prepare a report: on the practicality and desirability of annexing land under MOIIGA. In his report - the City Attorney explained that LAFCO must make certain findings before county . ' ID islands' could be annexed, tlie more important boingr that I%@ area bas to be 100 -- acres or less, be substantially surrounded ?-y ?he City, and is substant=iaUy developed or is developing. f .. . As a help to cities'in implementing this Act, WCQ did a brief analysis of possible county island annexation using the 100 acre criteria. possible sites (see attached-map, sites 1 an6 2)- City staff found twa 0th- sites (sites 3 and 4) that substantially meet the 100 acre criteria, A fifth site is slightly over 100 acres. City staff then'investigated if these four sites meet the substantiall. developed or developing criteria. 4 are primarily vacant and therefore do not appear to meet the criteria, Property No. 2 is the site used by the Stake. tk train technicians for sewer treatment plants and is developed. =cos County Water District. Although there would be no financial benefit in annexi'ng the San Marcos Water District, the City would gain approval control for possible future change? *in the facilgties or operations. . In summary, &re appears'ts be only one corn& island that could be annexed per MORGA. Rancho Santa Fe Boulevard at the heaa of San'Marqos Canyon, Exhibits 14emolrandum fram City Attorney dated- May 11, 1978'- City l&p showing possible -areas to be annexed. They found twp .. We found the properties listed as iz, 3 and The five acre site Is owned by the San This-site is the San Marcos sewer plant training facilitywst 02 --_ t -- If the City Council wishes to initiate annexatim on site Ha 2, your acMm is to dhxt staff to apply for armadtion per the Municipal OrgarUization Act of 1977. a AGENDA BILL NO. 5534 -r - q. -2- August 15, 1978 8-15-78 Staff was instructeb to prepare applications for all five sites and submit to LA.FCO. Prior to 1978 the law contained separate provisions estab- lishing the procedures for the annexation to or exclusion of territory from cities and for the consolidation .of cities, the formation of new cities and the reorganization and diskncorporation of cities - of 1977 repealed all of the preexisting law and provihes a unitary procedure for the organization, the reorganization The Municipal Organization Act - or change in organization of cities, ‘--. . _. -. _- One of the primary advantages to it city under the new law is - --- -2.- - authority to annex territory under certain circktstances without an election.. This is the so-called “islands” pro- - ---__ vision. It was intended to deal with unincorporated areas which were completely surrounded by -a city and were in effect receiving services from that city without having to pay’for effect getting a free ride, The law now provides, with the and order the annexation notwithstanding the wishes of the The--annexation authority is somewhat limited.. - ._ - . -._ -- -- _--_ __ - -- -:. them, In such circumstances, there was not much incentive ;---. - -- on the part of the residents to annex. since they were in -*- - -nppraval of LWCO, that a city may act in the public interest -.-----e _- . property owners in the “island,” LAFCO musk --- find that the territory to be annexed: - . - -_ - -.=. --...e:-- - ___ . 1. -3s 100 acres or less, 3,-.---1s substantially surrounded by the city, or by a city i. . city and adjacent cities. .,--d-z..-, -T. - &..+*&.+.. . . . ..- . . --- ___ -A_- --- -A=”-?*.7y.. . 1 .. -. . . ?Z-. . -and . a county boundary,. or the Pacific Ocean, or by a - *. - - -..- ---:-----. . :. -. . ...~ - - .. .- -. -- ._-. -_- I ’. - -- Ts-not prime agricultural land. -- . -- .- .- _r_ ~ . - -. -- - 4- _- -. -“-“-F;f- : - -2 -- --a. 6:- Nil-1 benefit from such annexation or is receiving _--- - -- - ---- -- F - I- -- _. - %-enefits from the annexing city. - ---e-;-- - -s=.r*-s?lscuru * +--e - - - * Mayor and City Council 8 .. - -2- e. ,*lay 11, 1978 .. .I Assuming LAFCO can make those findings, .the City may men by resolution annex the property. -. The Authority granted to cities to annex ”islands” will by law expire on January 1, 1981. interest in utilizing this new authority in Carlsbad, steps should be taken in that regard to allow,the process to be completed prior to the expiration of the authority. If the Council has any , . VFB/mla .. .. .. .- cc: City Manager Plalining Director City Clerk c. .. .. .. .. -. t